I've seen several attorneys answer this question with a resounding YES so far...but I have a legal point to make after doing some amateur research.
The EEOC has said that employers may discriminate against ex-felons IF "their criminal conduct exclusion is job related and consistent with business necessity". That's the 1st test.
And some cases have been filed by MALE ex-felons resulting in the employer not being able to prove the exclusion was job related or a business necessity. So the question became "Who is being discriminated against since ex-felons aren't a protected class?" And the answer surprisingly was gender, because percentage-wise, men are much more likely to be ex-felons.
So in light of that, couldn't a male sex offender claim gender discrimination on the same grounds?Lawyers, in the future before replying, please reference the EEOC's page: http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm ...where it says in the very first paragraph "There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way."